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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES R. SMITH,
Plaintiff - Appellant,
v.
SALISH KOOTENAI COLL; COURT OF
APPEALS OF THE CONFEDERATED
SALISH AND KOOTENAI TRIBES OF
THE FLATHEAD RESERVATION,
Defendants - Appellees.
No. 03-35306
D.C. No. CV-02-00055-LBE
ORDER
Before: SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this
court, it is ordered that this case be reheard by the en banc court pursuant to
Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent
by or to this court or any district court of the Ninth Circuit, except to the extent
adopted by the en banc court.
FILED
MAY 13 2005
CATHY A. CATTERSON, CLERK
U.S. COURT OF APPEALS
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